The Voice - Special Edition, Vol 1, Issue 3

8/3/2019 The Voice - Special Edition, Vol 1, Issue 3

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Hausfe ld LLP & Zel le Hofmann* Volume I, Issue 3

February 2012

I N S I D E T H I S I S S U E : Retired PlayerSpotlights

2-9

Johnny Unitas 2

Elvin Bethea 4

Conrad Dobler 6

Dwight Harrison 8

Widows of LegendsForgotten

10

Gridiron Greats DoAmazing Work

11

John Riggins JoinsFight

14

Concussion MDL

Update

15

THE VOICE An Independent Publication Concerning NFL Retiree Rights & Benefits

EDITOR'S NOTE

The Voice is intended to communi-cate to all retired NFLplayers, updates con-cerning key issueseffecting NFL retireerights and benefits. Itwill provide an objec-

tive independent re-port of matters of sig-nificant interest to

those already retired.

By: Ken Safarowic and Jim Mitchell

Four years ago at this time the New York

Giants and New England Patriots were inPhoenix, Arizona getting ready for Super BowlXLII. At the same time a group of footballlegends led by the likes of Carl Eller, MikeDitka, and Jerry Kramer were commandeer-ing whatever media time they could to begindrawing national attention to what Eller re-

ferred to as the NFLs dark secret.

This week the same two teams are in Indi-anapolis preparing for Super Bowl XLVI andwhile Ellers secret is now out and openlydiscussed, it still casts much the same

shadow as it did in 2008.

Eller and friends seized what is perhaps

Americas largest public forum to draw attention to the plight of their broken and dam-aged brethren who had literally bangedheads on the field, but now in times of needwere denied necessary access to the colossal

NFL Automatic Teller Machine.

For too long retired players in need havebeen denied disability benefits for their foot-ball related injuries. Unable to work and re-ceiving minimal retirement funds, the leg-ends who built the NFL into the Goliath it is

today, sit on the sidelines forgotten and

barely able to survive.

A. It is difficult to find a former NFL playerwho doesnt walk with a limp, isnthunched over due to back pain, or does-nt have trouble getting in and out of a

car.

B. More and more former players are find-ing that not only are their bodies break-ing down, but their minds are also show-ing signs of wear and tear. Years of play-ing through concussions, or what Hall ofFamer Lem Barney refers to them as,

SPECIAL EDITION

stingers, dingers, and bell ringers haveleft the NFL retiree landscape litteredwith relatively young men suffering fromcognitive brain problems such as demen-

tia, Alzheimers, ALS, depression, suicidal thoughts, memory loss, headaches,sleeping disorders, and a myriad of other

dysfunctions.

C. In testimony before the U.S. Congress in2009, Representative John Conyerspointed to a 2003 study conducted by

the University of North Carolina thatfound that athletes who suffered multipleconcussions were 3-times more likely tosuffer clinical depression than the gen-eral population. A follow-up study in2005 showed NFL players suffering con-cussions had 5-times the rate of cognitiveimpairment and were 37% more likely tosuffer from Alzheimers disease than thepopulation as a whole. Despite the medi-cal studies available, the NFL in 2007published a pamphlet to its players whichincluded information the League knew orshould have known to be false and mis-leading. Language in the pamphlet indi-cated, Current research with profes-sional athletes has not shown that havingmore than one or two concussions leads

to permanent problems

Unfortunately, like former NFL lineman

Curt Marsh once said, When I was empty,when I had no more to give, they just crum-pled me up and threw me on the garbage

heap.

Ken Safarowic is the son of former NFL player Chuck

Bednarik

Jim Mitchell is a Paralegal with Hausfeld LLP

T H E N E G L E C T E D B R O K E N AND F O R G O T T E N


2/16

By: Sandy Unitas

In 1958, John Unitas led theBaltimore Colts to the Na-

tional Football League Cham-pionship in a sudden deathovertime game, that led to themarriage of the NFL and tele-vision. Though that marriagehas proven incredibly lucra-

tive for the league, my hus-band like hundreds of otherretired players paid a dearprice for the leagues suc-

cess.

Sports Illustrated once de-scribed John as having themost dangerous right arm infootball. But in 1993 some25 years after hed suffered aserious injury to his right el-bow in a preseason gameagainst the Dallas Cowboys,and nearly 20 years after hedretired from the NFL John

lost the use of his right hand.The right-handed quarter-back, whod once been able

to throw the football 50 and60 yards downfield, could nolonger close his hand to brushhis teeth, button his shirt or

tie his shoelaces.

MRIs and other diagnosticmeasures that are routine

today and that might havediagnosed his injury and as-sessed, perhaps even dimin-ished the damage did notexist when John was injuredin 1968. Pro football lore isrife with stories of playersplaying hurt, and John had hisshare of those days, playingwith a broken nose, brokenribs, punctured lung, to name

just a few injuries. His kneeinjuries ultimately caused thereplacement of both knees one directly related to the

football injury, the other due to favoring the injured knee.Yet as those who played on oragainst his team will attest,he was not a whiner or com-plainer. In fact, most saw him

as stoic.

When he realized that hisright hand was beginning tofail, he pursued treatment

with the same determinationand resolve hed displayed for18 years in the NFL. In 1997,he underwent five hours ofsurgery in an unsuccessfulattempt to restore the use ofhis hand. In December 2001,John opted for a revolutionary

treatment that was intended to rejuvenate the nerves inhis right arm that affected hishand. The treatment requireda three-day hospital stay,during which a new medica-

tion was administered intrave-

nously every day. On Johnssecond day, he had an aller-gic reaction that triggered amini-stroke and caused him

to temporarily lose his periph-eral vision. Still, his determi-nation and his resolve never

wavered.

My husband was as resource-ful off the football field as hewas on it. When he could nolonger hold a golf club, he hadVelcro strips sewn onto hisgolf glove and in every roundof golf he played on every

hole John routinely used hisfully-functioning left hand tostrap the appropriate club to

the glove on his right hand.Then and only then couldhe swing the club. When hecould no longer hold a pen, hewrapped rubber bandsaround the pen to form a grip

that allowed him to write and to sign the numerous auto-

graphs still requested of him.

Incredibly, despite the clearcorrelation between the 1968

injury and the 1993 failure ofhis hand, John was denieddisability benefits. Why? Be-cause he didnt apply beforehe reached age 55 in 1988,five years before his righthand became useless; be-cause he was already collect-ing an NFL pension; and be-cause he was deemed nottotally and permanently dis-abled. Having witnessed theeffort he made to performsuch routine tasks as button-ing his shirt or tying his shoe-

laces, its difficult for me tocomprehend how his disabilityclaim could ever have been

denied.

Perhaps even more perplex-

ing is the failure of the league

and the union to require

members of the disability

board the NFL and NFLPA

representatives who deter-

mine whether a former player

qualifies for disability pay-

ments to have a medical

degree or even a background

in any field of medicine.

Those non-medical back-

grounds have caused mem-

bers of the disability board to

be skeptical of any link be-

tween certain football injuries

and such ailments as Parkin-

sons, Alzheimers, dementia,

and Amyotrophic Lateral Scle-

rosis (ALS or Lou Gehrigs

Disease). Yet many of Johns

teammates suffered from

those ailments at a rate much

higher than that of the gen-

eral public: George Preas,

Parkinsons; Don Shinnick,

dementia; Bill Pellington, Alz-

heimers; John Mackey, de-

mentia; among numerous

others.

(Continued on Page 3)

Page 2

RE T I R E D PL AYER SPOTL IGH T

Volume I, Issue 3

Johnny Unitas (HOF Class of 1979)QBBaltimore Colts (1956-72), San

Diego Chargers (1973)

If you are a former

NFL player and are

suffering the

symptoms of

concussions such as

headaches, dizziness,

loss of memory,

impulse control

problems, ringing inthe ears and/or

hearing loss, fatigue,

depression, sleep

problems, suicidal

thoughts, dementia,

Alzheimers, ALS,

CTE, and other like

conditions, please

contact Hausfeld

LLP at

[email protected]


3/16

The Voice

(Johnny UnitasContinued from Page 2)

Today we know that there is indeed a link between these football injuries like head trauma and

such diseases. And we are now also aware of chronic traumatic encephalopathy (CTE), a progressive

degenerative disease suffered by athletes who repeatedly suffered brain trauma. According to Bos-

ton Universitys Center for the Study of Traumatic Encephalopathy, CTE causes changes in the brain

that can begin months, years, or even decades later and that is linked to such issues as memory

loss and confusion, impaired judgment and impulse control problems, aggression and depression,

and eventually, dementia.

To his credit, NFL Commissioner Roger Goodell has taken steps to ensure the safety of active play-

ers and to improve the level of care for those suffering the ramifications of football injuries. The 88

Plan, for example, which came about as the result of the advocacy efforts of John Mackeys Balti-

more Colt teammates and a personal appeal from his wife Sylvia to then-Commissioner Paul Tagli-

abue , has been expanded from covering players afflicted with Alzheimers and dementia to include

those suffering from Parkinsons and ALS.

Yet more must be done. First and foremost, steps must be taken to improve the disability program to

ensure that those who suffer debilitating injuries may access the resources they need. In 2007, just

317 retired players three percent were receiving disability payments. Given the physical toll foot-

ball has historically taken on players bodies, it seems to be an impossibly low number. Clearly, the

league must review and relax the requirements to qualify for disability benefits. Moreover, the dis-

ability board must include representatives who are both trained and qualified in the appropriate

medical fields. Quite frankly, its the least they can do for those who built the league and the game

for those who, like my husband, loved both.

RE T I R E D P L A Y E R S P O T L I G H T H O F E R J O H N N Y U N I T A S

Page 3


4/16

By: Elvin Bethea and Ken Safarowic

Elvin Bethea gave the Houston Oilers 16 Hall-of-Fame seasons and since retiring in 1983 hasundergone nearly as many major operations.The National Football League may have been

the vehicle that led to his fame, but it was An-heuser-Busch that helped cover the costs for the

medical tolls those years extracted.

Bethea retired at age 37 still feeling toughas nails, however, in 1984, one year after re-

tirement, Bethea underwent the first of thirteen

post-playing career surgeries. By his 40th birth-day, Bethea said, it seemed that everything was

breaking down.

Twenty-five years after Bethea retired from the NFL, the total costs of his medical treat-ments had soared well in excess of$1,000,000.00. Today at age 65, Bethea is still

treated regularly for a variety of football relatedhealth issues, including constant ringing in his

ears.

Bethea reaches for his detailed medical re-cords as he recalls some of the procedures hehas endured since retirement, There was theneck and cervical operation in 84; my right ring

finger in 87; knee replacement in 2000; backsurgery in 2006; my left knee replacement in2008 He could continue, but the point has

been indelibly made.

There is little, if any doubt in his mind that itwas the 210 professional football games heplayed, along with the exponential number ofpractices, that caused him to become intimatelyacquainted with so many surgeons over theyears. Like every other player, he walked off thefield and into retirement with no medical cover-age from the NFL, but Bethea considers himselfluckier than most because of the marketing job

that he took with Anheuser-Busch about a

month after he retired.

If not for Anheuser-Busch theres no tellingwhere I would be today, probably the poorhouse, said Bethea. Thirteen operations; theback was $104,000. One knee cost $93,000and the league did nothing for me after I was out

of football.

Bethea recites these figures with a clear-eyed, measured tone. He speaks with the as-suredness of one who can pass on the emotion

because he has the facts to back him up.

Bethea considers himself fortunate to havepossession of his complete medical file fromhis playing days, Fortunately when I was withHouston, our trainers kept good records and Iwas able to get copies. As Bethea reads

through the records, he is amazed how he wasable to make it through practice everyday,they gave us a shot or pill for everything and

sent us back out on the field.

With all the talk these days of concussions,Bethea recalls being knocked unconsciousseveral times during his career, yet the medi-cal records never once diagnosed him with aconcussion. They always told us it was just anormal ding. The doctor or trainer would holdup three fingers and ask, how many? Id saysix and hed tell me, youre okay, go on in.Bethea recalled times when he was hit so hardhe saw stars. The medical staff would admin-ister smelling salts and he would be sent

back into the game.

Bethea recalls a game in Cincinnati whenhe was laid-out on the field for half an hourwith pain in his spine. He received no special

treatment from the team because of his statusas a star player and was back on the field thefollowing week. According to Bethea, theyd

[team doctors] give you a shot of cortisonetelling you that it healed everything and send

you back to play.

Ever see a step mule? Thats how were treated as former players. They take care ofyour injuries while youre playing, but theresno insurance, nothing, when youre retired.No one thinks about that stuff while theyreplaying, said Bethea. You come into theleague hotheaded and all full of piss and vine-gar thinking this is the profession everyonewants to be in, then you get here and realize

its only a business.

Bethea recalls going through four playerstrikes while fighting for the cause for players

rights, Everything the players have today,including increased pay and freedom of move-ment was because WE fought for it. It painsBethea to see how the Union treats retiredplayers, These are the [guys] who laid theirbodies on the line for the love of the game,and are now retired and are shells of theirformer selves. Somebody pointed out Hall ofFamer Willie Wood to meI looked and said,

that cant be, he was barely recognizable.

(Continued on page 5)

Page 4


Volume I, Issue 3

Elvin Bethea (HOF Class of 2003)DEHouston Oilers (1968-83)

For more

information about

any of the matters

contained inThe

Voice, or if you

have any questions,please contact

Hausfeld LLP at

(202) 540-7200


5/16

The Voice

RE T I R E D P L A Y E R S P O T L I G H T H O F E R E L V I N B E T H E A

(Elvin BetheaContinued from Page 4)

Bethea continued, I know how much John Henry Johnson and Joe Perry suffered in their final years

too. Their bodies broken and failing, and their financial wellbeing nonexistent , Hall of Famers suchas Bob Lilly are somehow expected to survive on less than $200 per month retirement (and no

health insurance).

Even with approval of and agreement between the League and Union on the Legacy Fund, therewill be very little money actually put into the retirees hands. Bethea indicated, I played 16 years [in

the NFL] and my pension will increase to about $1,800 a month. Recently Bethea spoke with a fewformer Major League Baseball players whos careers were significantly shorter then Betheas and

are receiving between $10,000$12,000 per month from their pensions.

When he retired from the NFL, Bethea went to work for Anheuser-Busch, and was able to securehealth insurance for himself and his family that was not available to him from the NFL. Bethea cur-rently pays $880 per month for health insurance for he and his wife. The short-term problem Be-

thea and his wife now face, is that after 2015, his Anheuser-Busch health coverage terminates.Because of a pre-existing condition, Betheas wife will never be able to secure health insurance onher own. To make matters worse, if Elvin were to pass away first, his widow would only receive $734

per month from his pension and she would be absolutely uninsurable.Bethea is as disappointed in todays players and the NFLPA as most other retirees, We fought

for everything they have today, and now as retired players we have no say. It burns me up that wehave no representation. He continued discussing the retirees lack of representation saying, Asold guys, we have nothing, no strength, no power, no representation. It pains me that our Union isnot behind us, and doesnt care about any of this stuff, but that is the world we live in. According to

Bethea, They [NFLPA] are as worthless as tits on a bulland you can quote me on that

Ken Safarowic is the son of former NFL player Chuck Bednarik

Page 5


6/16

By: Conrad Dobler and Jim

Mitchell

In 1972 Conrad Doblerwas selected by the St. LouisCardinals in the 5th round of

the NFL Draft. Dobler playedsix seasons with the Cardinals(1972-77), before being

traded to the New OrleansSaints where he played twoseasons (1978-79). After the1979 season, Dobler was

traded to the Buffalo Billswhere he played two years(1980-81) before retiring.During Doblers nine year NFLcareer, he was a three-timePro Bowl selection (1975-76& 77) and was a four-time All-

Pro selection.

The Battle

While playing in St. Louis,

Dobler underwent multipleknee surgeries and he recallsvividly the Cardinals teamdoctors being concernedabout his knees. Dobler re-calls being told at that time

that he was likely to haveadditional problems with hisknees in the future. Cardi-nals management was alsoaware of the condition of Do-blers knees and while Doblerwas participating in his thirdPro Bowl, traded him to the

New Orleans Saints.

During the third game ofDoblers first season with theSaints (1978), he suffered aknee injury, after which a St.Louis newspaper quoted Car-dinals management as say-ing the reason they tradedDobler was because of thepoor condition of his knees.Team doctors told Dobler at

the time that the repair on hisknee would take at least twoyears to heal properly. Thereality was, he had only one

year to heal.

The following year theSaints experienced their firstever winning season in teamhistory (1979). Dobler was a

member of that team, but didnot play all that effectivelybecause of the knee injury he

suffered the previous year.

At the end of the 1979season, Dobler was traded to

the Buffalo Bills to place pres-sure on future Hall of FamerJoe DeLamielleure to come to

training camp. After the tradeDobler recalled the physicalhe was given by the Billsmedical staff. According toDobler, I was told by the

team doctor that there was no

real need to examine me be-cause the team needed meso therefore I passed. Do-bler played two years with the

Bills before retiring in 1981.

The War

A few years after DoblersNFL career ended, he un-knowingly entered the tough-est contest of his life. Hisnext opponent would test notonly his physical strength anddurability, but would also re-quire more mental and emo-

tional toughness than mostnormal people could possiblymuster. So began Doblersquest for disability from the

NFL.

Dobler first filed for disabil-ity in 1989 and was sent by

the League to a League ap-proved physician in KansasCity for a physical examina-

tion. Dobler was examined and the doctor diagnosed him asbeing 89% disabled due to foot-ball related activity. The reportand diagnosis was sent to theNFL Disability Board and theBoard after six months ordereda second physical by anotherNFL approved physician. Thesecond physician also foundDobler to be disabled. TheBoard received the second doc-

tors diagnosis and decided itwould table its decision until

their next meeting.

During this time, Doblersknee was in such bad shape and

the pain so unbearable, that he

decided to undergo knee re-placement surgery, at his ownexpense. After recovering fromknee replacement surgery, Do-bler was sent by the disabilityboard to a League physician inNew York who informed him thatsince he had a knee replace-ment at such a young age, hewould likely need additionalsurgeries in the future, includinga knee replacement in the other

knee.

By the time the third medicaldiagnosis, by a third NFL ap-

proved physician, reached theDisability Board, ten years hadpassed since Doblers last gameand he was informed by theBoard that his window to file fordisability had expired. Doblerprotested this decision andmade numerous attempts tohave his case re-opened, to noavail. Despite the fact that Do-blers fight for disability began 8years after his retirement, theNFLPA and Disability Board con-

tinually ran Dobler from doctorto doctor until the ten year win-

dow had passed and made himineligible for disability. At thesame time, the NFLPA advisedDobler that he should elect to

take his pension early because itwould pay more than any disabil-

ity payments he would receive.



Conrad Dobler,GSt. Louis Cardinals (1972-77),

New Orleans Saints (1978-79), andBuffalo Bills (1980-81)

If you are a former

NFL player and are

suffering the

symptoms of

concussions such as

headaches, dizziness,

loss of memory,

impulse control

problems, ringing in

the ears and/orhearing loss, fatigue,

depression, sleep

problems, suicidal

thoughts, dementia,

Alzheimers, ALS,

CTE, and other like

conditions, please

contact Hausfeld

LLP atjmitchell@hausfeldllp.

com

Page 6 Volume I, Issue 3


7/16

(Conrad DoblerContinued from page 6)

Since Doblers first knee replacement surgery in 1990, he has had five total knee replacements

on his right knee, and four total knee replacements on his left knee. During one of his knee re-placement surgeries, Dobler contracted Methicillin-Resistant Staphylococcus Aureus (MRSA) whichnearly killed him. To keep the MRSA from returning, Dobler now must take antibiotics twice a dayfor the rest of his life, in addition to his daily regimen of pain medications. Dobler currently takes

10 different medications daily, all of which can be traced back to football related injuries.

In 2000, while recovering from one of his knee replacement surgeries, Doblers wife Joy fell andbroke her neck at the C-6 level causing her to become disabled herself and has been confined to awheelchair for the last ten years. Since his wifes accident Dobler has undergone six additionalknee replacements, none of which were paid for by the NFL. During this time, Dobler was forced tocancel his health insurance for himself and his wife due to the outrageous premium of just over

$3,500 per month. Now both he and his wife are uninsurable.

Mounting medical bills from Doblers numerous knee surgeries and from his wifes injury andrecovery have left the Dobler family in financial ruin. Doblers house was foreclosed on, and thefamilys belongings were auctioned and sold. But for the generous financial assistance from Profes-

sional Golfer Phil Mickelson, Doblers daughter would not have been able to graduate (with Honors)from college.

Although disabled, Dobler was forced back into the workforce ten years ago to care for his wifeand pay off the hundreds of thousands of dollars in medical bills accumulated by both himself andhis wife. The Doblers find themselves in the same position as many other American families, butas Dobler points out, 99% of those families didnt work for one of the richest companies in America

the National Football League.

During Doblers years since retiring from the NFL, he has developed severe depression whichsometimes causes difficulty handling everyday concerns. Although not receiving money from theNFL, Dobler is still reaping other gifts from his days on the gridiron - he needs a total shoulderreplacement which he cannot afford. In addition to the shoulder issue, Dobler like hundreds ofother former players is experiencing the effects of football related concussions. Dobler reports hav-ing trouble concentrating, is experiencing short-term memory loss, and has developed ringing-in-the-

ears.

Dobler recently completed his physical for a workers compensation claim against the Leagueand individual teams he played for, and the physician rated Dobler 99% disabled. After receiving

the diagnosis, Dobler indicated, of course the NFL and NFLPA were informed of my disability 30

years ago.

If anyone knows anything about Conrad Dobler, its that he is a fighter and one tough S.O.B. Hewill continue to fight for himself and his family. According to Dobler, They beat me, punched me,and kicked me while I was on the football field and I survived. Now they are trying to do the same

thing in the boardrooms and offices of the NFL and NFLPA. There is still a lot of fight in this old dogand I will NOT go away peacefully. There are too many of my brothers in worse condition then meand those brothers are the ones I played with and against and I will go to war with them again. Ifone looks past the broken body of this former NFL giant, one can still see the fire of a warrior in hiseyes. Dobler adds, Death is my constant companion and I think of it often, but until that time, I willfight on for justice on behalf of my brothers. In business, I took care of my employees, I insist that

the NFL do the same and show some respect to those who built the game.

Dobler believes that the NFLPA needs to also show some respect to retirees, adding, I have

always believed that if you help someone to get what they want, they will help you get what you

want. We helped establish the NFLPA to help the current players get a better standard of living

then we received and we helped the NFL owners to become billionaires. When are either going to

step up and help those who built the game? He continued, They will never be able to make me

whole again. No amount of money can accomplish that, but there is room for the League and Play-

ers Association to do whats right.


RE T I R E D P L A Y E R S P O T L I G H T C O N R A D D O B L E R

Page 7The Voice


8/16

By: Dwight Harrison and Jim

Mitchell

Every red-blooded Ameri-can boy plays the same scriptout in his backyard thedream to grow from the sand-lot, to college, to the NFL anda life on easy street. Thatdream turned into a night-

mare for Dwight Harrison.

The beginning was verypromising - outstanding col-lege career at Texas A&M,Kingsville, 2nd round draftpick in the 1971 NFL Draft,10 year career in the NFL with

the Broncos, Bills, Colts, andRaiders. And then somethingwent wrong. That something

was not part of the script.

When Dwight Harrisonretired in 1980, he knewsomething was wrong but hewasnt quite sure what. Over

the next few years, he be-came more and more aware

that he was sick and neededhelp. Harrison was sufferingfrom post-concussion syn-drome and associated medi-cal problems, including short-

term memory loss, inability tofocus or concentrate, and

severe depression.

In 1992, Harrison finallyapplied for and ultimatelyreceived disability from theNFL. Harrison received thir-

teen years of back pay total-

ing $13,000 per year.

In 1993, about the same time Harrison started receiv-ing his back pay, the newCollective Bargaining Agree-ment (CBA) was approved,

which included a new Line ofDuty (LOD) disability, whichHarrison met the require-ments for qualification. Heapplied for LOD disabilitybenefits, and that is when

the fight of my life began,

according to Harrison.He was denied his request

for LOD disability, even though both the League doctor and Harrisons own per-sonal doctor agreed that hisinjuries were football relatedand should qualify him for

LOD disability.

Harrison decided that hewould challenge the denial ofhis LOD disability. The Dis-ability Board then requested

that Harrison be seen by athird doctor, to which Harrisonagreed. Around this time,Harrison and his lawyer had afalling out, and he was leftwithout representation. Harri-son informed the DisabilityBoard that he did not want tomove forward until he hadsecured new counsel. WhileHarrison was seeking newcounsel, the Disability Boardmade a decision to revokeand cancel Harrisons disabil-

ity benefits.

To make matters worse,

the Disability Board then ob- tained a judgment againstHarrison in the amount of$350,000.00, to recoup alldisability funds previouslyprovided to Harrison, as wellas for the cost of its legalfees. Harrison indicated thathe was never served withpapers regarding the litiga-

tion, had no knowledge of the

case against him and wasnever given an opportunity to

speak on his own behalf.

With their judgment inhand, the League proceeded to take Harrisons retirementfunds, leaving him penniless

and without any income.

Harrison would spend thenext ten years asking, beggingand pleading with the League

to reinstate his retirement.Harrison could not under-stand how the League had

the legal authority to touchhis retirement, according to

the agreement between theowners and the players, re-

tirement funds are irrevoca-ble.

For ten years, Harrisonwrote letters to the DisabilityBoard requesting that they re-review his claim and releasehis retirement funds. Everyyear the Board told him no.Then, in May 2003, the Boarddecided to release retirementfunds to Harrison and hebegan receiving approxi-

mately $1,400.00 per month.

Harrison was happy to

finally be getting some of hismoney, although it may havecome one year too late for hiswife. In 2002, Harrisons wifeleft him. She just could not

take it anymore. She did allshe could for me, but it wasall too much for her to take.Harrison blames the NFL forlosing his wife, If the Leaguehad done what they weresupposed to do, and paid memy money, my wife would still

be here today.

In 2005, Harrison suffered

the worst tragedy of his lifewhen his son committed sui-cide. Harrison believes thatlike his divorce, his sonsdeath was also tied to what

the League had done to himand the daily suffering the

family was forced to endure.


Page 8


Volume I, Issue 3

Dwight HarrisonDB/WRDenver Broncos (1971-72),

Buffalo Bills (1972-77), BaltimoreColts (1978-79), and Oakland Raid-

ers (1980)

For more

information about

any of the matters

contained inThe

Voice, or if youhave any questions,

please contact

Hausfeld LLP at

(202) 540-7200


9/16

The Voice

(Dwight HarrisonContinued from Page 8)

In May 2007, Harrison again applied for LOD disability. About 14 days later Harrison receivedword that the Disability Board had made a mistake, that not only was he not entitled to LOD bene-fits, but his retirement funds should never have been released to him in the first place. Again Harri-son was forced to give up his irrevocable retirement to repay the Disability Board for retirement

funds he should not have received.

In 2009, a friend and former player informed Harrison that he could apply for Social Security (SSI)disability benefits, and that if those SSI benefits were approved, the League would have no choicebut to reinstate his NFL disability. After an initial runaround, Harrison was finally approved for SSIbenefits and began receiving $634 per month. At this time, despite being found disabled by Social

Security, the NFL continues to deny his claims for disability.

Dwight Harrisons story is tragic, but unfortunately the story does not end here. Harrison, a lifelong resident of the Texas Gulf coast, has survived three hurricanes; hurricane Katrina, however,was a different story. In August 2005, hurricane Katrina ripped the Gulf Coast to shreds. Katrinaleft Harrisons house inhabitable, left his car inoperable, and left Harrison wondering, Why me?Since Katrina blew through town nearly seven years ago, Dwight Harrison has been living in a FEMA

trailer.

A weaker man most likely would not be able to survive Harrisons lifetime of struggle, of tragedyafter tragedy. But Dwight Harrison is a man of Faith and of God. Harrison ended our conversationby telling me, Im a dangerous man for all they have done to me. But I am grounded and walk with

God.

Dwight Harrison is a humble and appreciative man. He doesnt miss an opportunity to heappraise on the Gridiron Greats organization, a group he says has been there for him when no one else

was. If it wasnt for Coach Ditka and the Gridiron Greats, I dont know where Id be right now.


RE T I R E D P L A Y E R S P O T L I G H T D W I G H T H A R R I S O N

Page 9


10/16


W I D O W S O F L E G E N D S F O R G O T T E N

By: Jim Mitchell

When players and owners agreed to the new 2011 Collective Bargaining Agreement (CBA)

and a Legacy Fund Benefit for pre-93 players, all pre-93 players and the widows of pre-93ers werehopeful that the Legacy Benefit would finally provide needed monies to those players who helpedbuild the NFL into the powerhouse that it is today. There was hope among retired players that theLeague and Union, who in the past had forgotten, ignored, and repeatedly disrespected NFL retirees,had finally decided to do the right thing. This hope was not misplaced as the new agreement be-

tween the League and Union stated, All players who vested under the Bert Bell/Pete Rozelle NFL

Retirement Plan prior to 1993 would get an increase.

The optimism was also shared by the widows and family members of former players whohad passed away. This optimism was reinforced when on November 11, 2011, a letter from NFLCommissioner Roger Goodell was issued stating that current benefit payments to retired players andtheir beneficiaries would be increased to no less than $600 per month.

Sadly, like a shell game, there is no money for the widows of Legacy players. Many widowsincluding Sylvia Mackey, Patsy Lewis, and Antoinette Pellegrini have inquired with the NFLPA and theBert Bell/Pete Rozelle benefit offices to discuss the Legacy benefit, only to be told that widows andbeneficiaries are not eligible to receive the Legacy benefit if their husband died before August 4,

2011.

How the League and Union could get this so wrong shows that both are out of touch withthe needs of retirees and their families. The widows of Legacy players are angry and feel their hus-bands memories and contributions to the game are being disrespected. Widows and family mem-bers who have given their own blood, sweat and tears, caring for the shattered and broken bodies offormer NFL players, just cannot understand how the League and Union could be so indifferent to the

contributions their dead husbands made to game.

According to dictionary.com, the term Legacy means, anything handed down from the past,as from an ancestor or predecessor; Synonym: inheritance The word itself, Legacy, attached to

this benefit would lead most people to think that the fund reaches beyond the grave, a benefit to bepassed down to the familyies of the gridirons fallen heroes. Sadly, no. The NFL and the NFLPA have

decided for whatever reason to ignore these fallen warriors of yesterdays games.



11/16

GRIDIRON GREATS ASSISTANCE FUND CONTINUESTO DO AMAZING WORK FOR RETIREES IN NEEDThe Gridiron Greats Assistance Fund (GGAF) is a non-stock, non-profit 501(c)(3) organization provid-ing financial grants and pro bono medical assistance to retired NFL players in dire need. The Grid-iron Greats Board of Directors include Mike Ditka, Gale Sayers, Marv Levy, Kyle Turley and Matt Birk.The organization focuses on the humanitarian side of post-football related issues, which includecoordination of social services to retired players who are in need due to a variety of reasons includ-

ing inadequate disability and/or pensions.

The GGAFs mission is to assist dire need retired NFL players who were pioneers of the game andwho have greatly contributed to the NFLs status as the most popular sport in America. GGAF pro-vides hands-on assistance to help retired players and their families deal with hardships they faceafter football. The services include medical assistance, transportation costs for medical evaluationsand surgeries, housing assistance, financial assistance for utilities, medication, and coordination ofservices for food, automotive payments and childcare. Please visit: www.gridirongreats.orgor applyfor assistance www.gridirongreats.org/players/

Gridiron Greats Stories of Help

William Fridge Perry, the legendary former Chicago Bears star, needed medical and financialhelp with his fight to battle Guillain-Barr Syndrome. GGAF helped Perry with medical expenses

and secured his treatment and rehabilitation through a pro bono medical facility.

A former wide receiver with the Pittsburgh Steelers was diagnosed with Primary SclerosingCholangitis, aka Walter Paytons disease, and needs a liver transplant. He suffers from anxietyand depression and has been unable to work. GGAF has helped the retired NFL player with funds

for medical care shelter, food, utilities and basic needs.

A former offensive guard who played 10 years with the Oakland Raiders suffers from dementiaas well as a myriad of medical problems including orthopedic, and kidney issues. Skyrocketingmedical costs and his need to be in an assisted living facility have caused a huge hardship on hisfamily. GGAF has provided help to the retired NFL player by paying for shelter, medical insurance

premiums and utility bills.

A former San Diego Charger was homeless and living in his automobile, dealing with many medi-

cal and social issues. GGAF provided funds and help in securing temporary shelter.

A former NFL player with the Minnesota Vikings suffering from brain damage due to concussions

was provided with funds for mortgage payments, and monetary help for dental needs.

A former Chicago Bear received funds to help with expenses for care needed while suffering from

dementia.

A former running back with the Dallas Cowboys and Tampa Bay Buccaneers had a kidney trans-plant. His friend and former teammate donated one of his kidneys. During surgery, he slipped

into a coma and was provided with funds for medical insurance, shelter, and utilities.

A former defensive end with the Denver Broncos was bedridden due to spinal injuries from play-ing football. He had heart surgery and was been diagnosed with Lou Gehrigs disease. GGAF

provided the retiree with help for shelter, medical bills and medical insurance premiums.

A former line backer with the Minnesota Vikings and St. Louis Rams had spine surgery and suf-fers from anxiety and depression. He has been unable to work. GGAF has provided funds for

medical care, shelter, food, basic needs, and utilities.

A former player from the Buffalo Bills received monetary help for medicine, food and clothing.GGAF also placed him in a detoxification program to assist with addiction to painkillers and as-

sisted in securing placement with a pain management physician.

A former player from the Tampa Bay Buccaneers who played from 1990-93 was severely injured

from his playing days, unemployed due to health, was provided with rent , utilities and food.

Page 11The Voice


12/16

A former Chicago Bear and New Orleans Saints who played 7 years for the NFL suffers fromnumerous medical conditions including diabetes, chronic pancreatitis, chronic hypertension andsevere neuropathy. He has been unable to work and receives $88 a month from the NFL as his

pension. GGAF provided monetary help to the retired NFL player for basic needs.

A former linebacker with the Packers, Eagles and 49ers suffers from severe football related

injuries and lives with chronic pain and very little mobility. He has endured seven surgeries onhis left shoulder, two surgeries on his neck, four surgeries on right shoulder, and eight surgerieson his right triceps muscle. He needs a hip replacement and currently collects no disability. He isa single father raising two sons. GGAF has provided funds for shelter, medication, utilities and

basic needs.

A former player with Cowboys, Chiefs and Bengals had over 18 surgeries due to football relatedinjuries. He has metal in knees and shoulders, a broken neck and disks removed in his back. Hehas suffered from cancer, which spread, and no form of chemotherapy could help. His medica-

tions cost in excess of $4,000 per month and insurance did not cover the cost of his medica-tions. GGAF provided monetary help to the player for medication and conducted a public dona-

tion drive.

A former tight end with the Kansas City Chiefs was suffering from severe football related injuriesspecifically the spine. GGAF has provided pro bono spinal surgery, hotel stay for him and his

spouse, paid for injections prior to surgery, gas, tolls, and food.

A former defensive tackle with the Philadelphia Eagles suffers from prostate cancer. GGAF paidfor cost of medical visits to a specialist in his area that his benefits would not cover.

A former tight end with the Indianapolis Colts and Chicago Bears suffers from numerous debilitating injuries from football, leaving him unable to work. He receives no disability. GGAF hasprovided 4 months of rent plus late fees, paid for new engine and AC compressor for truck, paidfor hotel stay and cardiology appointment prior to surgery, and paid for two round trip flights so

he could receive needed surgery.

A former defensive end with the Green Bay Packers and Baltimore Colts is totally disabled andin constant pain, unable to work, and needed medical and financial help. GGAF has provided 3

months of mortgage, food, clothing, spinal evaluation, flight and hotel for medical stay.

A former placekicker for the Green Bay Packers, Minnesota Vikings and Philadelphia Eagles istotally disabled due to tumors on the brain and is unable to work. GGAF has provided financial

help for medications, utilities and rent.

A former defensive end for the Denver Broncos lives with ALS and is wheelchair bound. GGAFpaid for health insurance, and helped with mortgage payments and 2 months of hospice care.

A former tight end with the Houston Oilers, San Diego Chargers and Kansas City Chiefs has Park-inson Syndrome, and is completely paralyzed and wheelchair bound. GGAF paid his water bill,homeowners insurance, life insurance, auto insurance, loan repayment, electric bill, and helped

with his Medicare payment.

A former offensive tackle with the Oakland Raiders and Minnesota Vikings was unable to workafter suffering two strokes. GGAF helped the player with his rent, car repair, insurance and elec-

tric bill to keep service from being disconnected.

A former cornerback with the Buffalo Bills, Denver Broncos, Baltimore Colts and Oakland Raid-ers suffers from dementia. GGAF provided food and basic needs, truck repair, water bill, electric

bill, phone bill, and a gas card.

A former defensive end who played 11 years with the Redskins, Cardinals, and Buccaneers

suffered many head injuries while playing. He underwent brain surgery and is now experiencingisolated memory loss. GGAF has provided help with monetary funds for a shelter and medical

bills.

A former defensive end with the Cleveland Browns, Philadelphia Eagles and Washington Red-skins has heart condition. GGAF provided the player with monetary help for a new AC unit to

ease the high temperatures where he lives.

A former defensive end with the Minnesota Vikings required medical treatments. GGAF pro-vided help by paying airfare, hotel stays, food, car rental, pre-op testing, and secured two pro-

bono spinal surgeries.

A former safety with the Houston Texans is confined to a wheelchair. GGAF provided health in-surance payments for two months, provided a years supply of medical supplies for his disability,

and paid for medical scooter repair.

GGAFStories of Help (continued from page 11)



13/16


14/16


For more

information about

any of the matters

contained inThe

Voice, or if you

have any questions,

please contact

Hausfeld LLP at

(202) 540-7200

By: Lisa-Marie Riggins (wife of HOFer John

Riggins)

I was 31 years old when I marriedJohn Riggins. I was an army brat who neverquestioned authority or power and had greatrespect for personal courage. After 14 years in

the NFL, John distrusted authority and power,and possessed a reckless reliance on personalcourage. He wasnt always that way. He justhad a keen understanding of what it meant todo the right thing by others. Consequently,when he sensed authority figures or corpora-

tions didnt have his back, or took advantage ofhim, he drew a line in the sand, and stayed

there, no matter what the price. He wasnt in- terested in appearances, fame, celebrity, oragendas almost to a fault. We root for guys

like John in the Russell Crowe movies, willing tostand up to power with nothing but a loin cloth,but in real life, its a high wire, and you have tobe prepared for the loneliness of the sway.John asks for no quarter, and gives no quarter.I looked up the etymology of that phrase and itmeans a ruthless warrior with high morals.Iwas all in.

One thing that has always been impor-tant to John has been his right to the use of hisname and his likeness. In the early 1990s hefiled a law suit against a real estate companyfor the unauthorized use of his name for profit.Lawyers advised him not to pursue it becausehe had no property right in his name and at

best, hed win $1 in damages. John ignoredthem and kept going. The case went to the Vir-ginia Supreme Court where he successfullydefended his right to the promotional use of hisname and likeness. It set the precedent that acelebrity holds a property interest in his ownname and likeness, and when someone violatesa celebritys personal property right or tries toexercise dominion over it, it amounts to conver-sion, in which damages can and should beawarded. Town & Country Properties Inc. v.John Riggins, is now the seminal case study forlaw school courses on property rights of an indi-vidual.

I mention this because by the time we

got married, John continued to feel violated bythe NFLs use of his name and likeness for com-mercial profit long after he was an employee. Itseemed inherently wrong that the corporationshould continue to profit from his job perform-ance and he had no seat at the table. Profes-sional sports leagues were the only entities in

the business of entertainment that were notrequired to pay their artists and performersresiduals whenever they used their work prod-uct. The metaphor is the same. The ownersand the league are the big studios; the coaches

H O F E R J O H N RI G G I N S J O I N S THE F I G H T F O R RE T I R E E I M A G I N G RI G H T S

are the directors, and the players are the actors.It would be heresy for studios not to pay actorsevery time their film is shown, and the studioprofits from that. This is how actors make a liv-ing. And long after they can no longer act, theyhave security in those residual payments forwhat they put on celluloid for eternity. Somehow,

the same is not true for athletes. John knew thiswas wrong and wanted to file suit against theNFL as an individual. I talked him out of it. TheNFL would bankrupt us. I was nave and starryeyed about Johns history and contributions to

the NFL. I wanted a partnership with them. Wehad a new baby. I didnt want him to rock theboat. There was an unspoken understanding

that you could be black balled if you confronted the NFL in any public way, and it was profes-sional suicide if you wanted to earn a living in anycapacity through football. So he soldiered on,and continued to work hard, to keep financialand physical demise at the rear door. He has notearned a penny from the NFL for the use of hisimage, and they have made millions off the filmsof his and his fellow veterans performances.

Recently it came to our attention thatHausfeld LLP had filed a suit against the NFL for

the very thing John had hoped to do years ago.He signed on as a named Plaintiff to speak onbehalf of the former players in this suit. Coinci-dentally, John has always been fascinated byCrazy Horse, the legendary Indian Chief. CrazyHorse never allowed anyone to take his picturebecause he felt a photograph stole a piece of thesoul. In trying to articulate Johns position on theNFLs unauthorized use of his name and like-ness, I did some research, and discovered theartist, photographer-writer, James W. Bailey whohad a photography exhibition Stealing DeadSouls in Maryland, 2005. He summed it up bestwhen he said:

"Of course, most recognize that the process ofphotographing a moment in time captures some-

thing in a fixated way that would normally be lost to history. I also believe that photographic im-ages capture an aspect of that lived moment, areflection of reality if you will, and that the photo-graph literally captures an element of the lifeforce that presented itself in that moment thatwas captured... When this living element is cap-

tured, it has the capability of re-generating itselfin much the same way that certain life forms can

lose a limb and regenerate it."

This lawsuit is about protecting theplayers who were the life force that presenteditself in that moment that was captured andgiving them their due every time it is regener-

ated.


15/16

C O N C U S S I O N L I T I G A T I O NM DL U P D A T E

By: Swathi Bojedla and Jim Mitchell

On January 26, 2012, the U.S. Judicial Panel on Multidistrict Litigation (MDL) convened in Miami

and heard arguments relating to the consolidation of NFL concussions cases around the country.Both the NFL and the majority of plaintiffs requested that all concussion-related litigation be trans-ferred to the Eastern District of Pennsylvania in Philadelphia, under Judge Anita Brody. At the time of

the MDL hearing, Hausfeld LLP already had a case pending before Judge Brodys court, (Boyd v. NFL)representing 106 plaintiffs alleging negligence and personal injury claims, as well as a medical moni-

toring claim filed in the Southern District of New York (Jacobs v. NFL).

Lawyers from around the country supported the NFLs motion to transfer. Hausfeld LLP filed abrief in support of consolidation in Judge Brodys court. Only two firms dissented, requesting consoli-dation in the District of New Jersey or the North District of Georgia. However, even the dissentingfirms expressed no objection to consolidation in Philadelphia, praising Judge Brodys record as a

jurist and ability to handle the litigation.

Riddell, a defendant in three of the pending cases, opposed the plaintiffs and NFLs request forconsolidation. Instead, Riddells lawyer argued that the helmet manufacturer should not be caught in

the crossfire of plaintiffs dispute with the NFL, and Riddell requested that the three cases pendingagainst them in California remain there as separate actions. When questioned further, Riddells law-

yer acknowledged that this would lead to a separate line of cases in California and Pennsylvania. Thepanel noted that such a decision would defeat the purpose of consolidation, which is to prevent dis-

parate rulings around the country.

On January 31, 2012, the MDL granted defendant NFLs motion to transfer the Easterling, Max-well, Pear, and Barnes matters to the Eastern District of Pennsylvania, and assigned the four matters

to Judge Brody for coordinated or consolidated pretrial proceedings. The MDL concluded that theEastern District of Pennsylvania was the appropriate transferee district for the pretrial proceedings.The panel also denied Riddells request for separation of the matters, ruling that Judge Brody is best

situated to determine Riddells role in the NFLs actions.

With the MDL decision to transfer the above mentioned cases, Judge Brody now has six relatedactions pending before her bench. The six cases are Boyd, Solt, Easterling, Maxwell, Pear, and Bar-nes. There still remain 13 potentially related cases filed in various other federal courts which theMDL described as potential tag-along actions. Those cases are Finn, Levens, Stewart, Kuykendall,

Jones, Rucker, Dronett, Austin, Steed, Glover, Johnson, Wallace, and Wooden .

Hausfeld LLP is coordinating with other plaintiffs counsel and working diligently towards preparingthe case.

Swathi Bojedla is an Associate with Hausfeld LLP


If you are a former

NFL player and are

suffering the

symptoms of

concussions such as

headaches, dizziness,loss of memory,

impulse control

problems, ringing in

the ears and/or

hearing loss, fatigue,

depression, sleep

problems, suicidal

thoughts, dementia,

Alzheimers, ALS,

CTE, and other like

conditions, pleasecontact Hausfeld

LLP atjmitchell@hausfeldllp.

com

The Voice Page 15


16/16

* Hausfeld LLP and Zelle Hof-mann Voelbel & Mason LLP arelegal counsel representing retir-ees in issues ranging from unionmisconduct effecting retireepensions and disability benefits;health consequences of footballrelated concussions; and eco-nomic rights of retirees withrespect to their names, images

and likeness.

Hausfeld LLP

1700 K Street, NWSuite 650

Washington, DC 20006

Phone: (202) 540-7200

Fax: (202) 540-7201

www.hausfeldllp.com

Zelle Hofmann

500 Washington Avenue SouthSuite 4000

Minneapolis, MN 55415

Phone: (612) 339-2020

Fax: (612) 336-9100

www.zelle.com

DISCLAIMER

The materials and information within this newsletter are made available by HausfeldLLP and Zelle Hofmann, LLP for informational purposes only and should not be con-sidered legal advice. The transmission and receipt of information within this newslet-

ter do not form or constitute an attorney-client relationship. Persons receiving theinformation via this newsletter should not act upon the information provided without

seeking professional legal counsel.

Some links within this newsletter may lead to other websites. Hausfeld LLP and ZelleHofmann, LLP do not incorporate any materials appearing in such linked sites by ref-erence, and the firms do not necessarily sponsor, endorse and/or otherwise approve

of such linked materials.

Please Visit Our Unified NFLRetiree Groups on the Web at:

Retired Players Associationwww.nflretiredplayersassociation.com

Gridiron Greatswww.gridirongreats.org

Fourth and Goalwww.fourthandgoalunites.com

Dignity After Footballwww.dignityafterfootball.org

Independent Football Veteranswww.davepear.com

Jeff Nixon Reporthttp://blog.nflalumniassociation.com

EDITOR'S NOTE

The Voice is intended to communi-cate to all retired NFLplayers, updates con-cerning key issueseffecting NFL retireerights and benefits. Itwill provide an objec-

tive independent re-

port of matters of sig-nificant interest to

those already retired.


Documents

The Voice - Special Edition, Vol 1, Issue 3